CHITRANJAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present writ application for quashing the order dated 17.11.1998, passed by the concerned Officer of the Water Resources Development ordering for continuance of the proceeding pending under Rule 55A of the Civil Services (Classification, Control and Appeal) Rules (for short &aposthe Civil Services Rules) under Rule 43(b) of the Bihar Pension Rules (for short &aposthe Pension Rules&apos) and the final order passed in the proceeding under Rule 43(b) of the Pension Rules dated 1.2.2003, whereby an order has been passed for withholding of 20% of his pension for one year.

(2.) THE facts necessary for disposal of the present writ application are that the petitioner, at the relevant time, was the Executive Engineer of the Water Resources Department and there was an allegation against him that the town hall, which was constructed, fell down because of use of substandard materials. The petitioner, admittedly, superannuated from service on 31.8.1998. Before he superannuated, a proceeding for misconduct was initiated against him, which was under Rule 55A of the Civil Service Rules where it is prescribed that only after giving an opportunity of making representation, an order has to be passed. That proceeding after superannuation of the petitioner was converted under Rule 43(b) of the Pension Rules by order dated 17.11.1998 (Annexure 7) and, thereafter, a final order dated 1.2.2003 (Annexure 11) was passed under section 43(b) of the Pension Rules.

(3.) ACCORDING to the learned Single Judge, there are conflict between the two judgments, namely, one The State of Bihar vs. Serajuddin Ahmad, reported in 2000(3) PLJR 150 and the other The State of Bihar vs. Bipin Bihari Prasad, reported in 2000(4) PLJR 459.